ConstructionRisk.com Report (Feb 2012)

A1 - “Pay-If-Paid Clause” Enforced as Condition Precedent to Subcontractor Right to Payment
A2 - Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer
A3 - Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials
A4 - Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

ConstructionRisk.com Report (Jan 2012)

A1 - Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
A2 - Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
A3 - Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines
A4 - CGL Insurance Covers Damages Caused by Defective Workmanship of Subcontractor
A5 - Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages
A6 - Contractor Permitted to Sue Architect for Implied Warranty of Specifications
A7 - Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

A1 - Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner
A2 - Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation
A3 - Contractor’s Claim against CGL Insurance Company Dismissed Because It Failed to Give Company Timely Notice of Plaintiff’s Claim Related to Defective Work
A4 - Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim
A5 - Project Owner Not Liable for Injuries to Employee of Independent Contractor

A1 - Homebuilder Successfully Offered Express Limited Home Warranty That Waived Implied Warranty of Good Workmanship
A2 - Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services
A3 - Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract
A4 - Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause
A5 - Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer

A1 - Principal of Limited Liability Company can be Sued without Need to Pierce Corporate Veil
A2 - Subcontractor Was Wrongfully Terminated Where Its Performance was Delayed by the Prime Contractor and Others
A3 - General Contractor Can Recover Damages Caused by Sub’s Defective Work From the Sub’s CGL Policy
A4 - Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence
A5 - Architect Not Entitled to Recover Fee for Services on Foreign Embassy Because Not Licensed in Washington, D.C.